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214-396-2048

Megan B. Rachel, Attorney At Law

Family Law, Divorce, and Child Custody Law Firm

214-396-2048

  • Home
  • About
    • Megan Rachel, Attorney
  • Divorce
    • Complex Divorce
    • High-Net-Worth Divorce
      • Asset Valuation in High-Net-Worth Divorce
    • Uncontested Divorce
    • Property Division
    • Spousal Support
    • Family Violence & Protective Orders
      • Spousal Support and Alimony Modification
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    • Reasons to Choose Collaborative Divorce
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Child Support

Overdue Child Support Payments – Getting Behind in Texas

September 5, 2014 By Megan Rachel

Texas collects more child support than any other state, but when it comes to collecting overdue payments, Texas is behind. This causes many problems for parents who are struggling to make ends meet and pay for their children’s educational expenses and even keep their children fed. The state has a responsibility to these children and must make sure that they are doing everything in their power to collect their past due child support.

Highlights of the National Survey

According to a national survey, child support payments come in at an average of $430 per month or about $5,150 per year to children under the age of 21. Other interesting data from the survey showed that only 15 percent of child support payers are women and 85 percent of them are men. The majority of child support providers are providing for one child and about three in ten are providing for two children while the rest are providing for three or more children.

Past Due Payments in Texas

Currently, there is about $13.3 billion owed in overdue child support in Texas. When a parent that is supposed to be paying child support does not pay it, there are options. One option that custodial parents have in making sure that child support payments are paid is to file a lawsuit and request that the child support agreement with the noncustodial parent is enforced by the court.

The state also has options on what it can do to help custodial parents get the child support that is owed for the care of their children. For example, the state can require employers to deduct what is owed from the employee’s paycheck and withhold wages until the child support is paid.

Licenses may also be suspended including professional licenses, driver’s licenses and hunting licenses. Liens may be filed against the noncustodial parent’s property and assets.

Other monies going to the noncustodial parent can also be intercepted. Tax refund checks and lottery winnings can be withheld and paid over for child support. This is true for other monies that the noncustodial parent receives from the state or federal government. This is true for parents living in Texas and parents that live in two different states.

Parents who are owed child support must have protection. An experienced family law attorney is a great resource for struggling parents. As listed above, there are many ways to get the payments from the owing parent, but an attorney can help people navigate through the often confusing system and make sure that their children are getting the things that they need.

Filed Under: Blog, Child Support, Family Law Tagged With: Child Support Payments, Getting Behind in Texas, Overdue Child Support Payments

Texas dad goes to jail for falling behind in child support

August 11, 2014 By Megan Rachel

On behalf of Megan B. Rachel, Attorney At Law posted in Child Support on Tuesday, July 1, 2014.

Falling behind in child support payments can result in serious consequences in Texas. Just ask one Houston dad, who began serving a six-month jail sentence last week for failing to keep up with his payments.

The unfortunate part about this case is that the delinquency may not have been entirely the dad’s fault. His attorney alleges that after the dad fell behind by $3,000, the court garnished his wages. But authorities took the money directly from the man’s employer, not from his paycheck. According to the attorney, the employer failed to turn the money over to the court so it could be paid to the child’s mother.

The dad has now paid all that he owed plus an additional $1,000. But due to a recent change in the law, it was too late too get out of the jail sentence. The man appealed his case, but was unsuccessful.

Texas authorities take child support enforcement very seriously. A failure to make court-ordered payments on time is considered a contempt of court. In addition to wage garnishment and jail time, a parent can face suspension of their driver’s license and any professional licenses.

It can be difficult for a financially struggling parent to keep up with court-ordered child support payments. Parents who have experienced a change in financial circumstances can petition the court for a modification of child support. But a parent in that situation must act quickly before the state begins procedures. And as this case shows, once garnishment begins it is critical to stay informed about where the money is going.

Source: click2houston.com, “Dad begins jail sentence in complicated child support case,” Mary Benton, June 24, 2014

Filed Under: Blog, Child Support Tagged With: child support enforcement, modification of child support

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One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

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Megan B. Rachel, Partner
One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

Megan B. Rachel is located in Collin county, servicing families in surrounding areas such as, Frisco, Allen, McKinney, Plano, Denton County.

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